Please Help me out I am in Big trouble

[Saqib_khans24]

I submited my wife application in september 2012, It,s still under progress. I am running a small business from few months I have some lost in business. I cant even pay tax and GST. It seems like I will be bankrupt soon. Does it effect on my application ??? she is in pakistan

 

[mikeymyke]

Bankruptcy won't affect it, because there's no minimum income to sponsor, you just have to show you can support her when she arrives, and that she won't be going on welfare. A sponsorship application can be refused, if it's determined the applicant (your wife) will be unable to support herself, or the sponsor cannot support him/her.

 

[Saqib_khans24]

Bankruptcy won't affect it, because there's no minimum income to sponsor, you just have to show you can support her when she arrives, and that she won't be going on welfare. A sponsorship application can be refused, if it's determined the applicant (your wife) will be unable to support herself, or the sponsor cannot support him/her.

dear what about taxes and GST??

 

[mikeymyke]

Oh wait hang on sorry, I mis-read the requirements, yes it appears if you're bankrupt, and haven't been released from it, it will affect your eligilibility

 

[scylla]

Oh wait hang on sorry, I mis-read the requirements, yes it appears if you're bankrupt, and haven't been released from it, it will affect your eligilibility

The above answer is correct. Being bankrupt disqualifies you from sponsoring your spouse.

 

[Saqib_khans24]

The above answer is correct. Being bankrupt disqualifies you from sponsoring your spouse.

Taxes and GST as well. I won't be bankrupt I can pay minimum payment

 

[frege]

If you live in Quebec, bankruptcy won't prevent you from sponsoring, it seems.

Otherwise, in theory, it can prevent you from being a sponsor if it happens before your wife becomes a PR. About nine months after your bankruptcy, it will be "discharged", and then you can sponsor again.

However, looking at Form 1344, I can't see anywhere it says that you are required to inform them if your circumstances change. It is possible that if CIC doesn't find out about it, you'll be okay. I'm not sure whether they check these things after your sponsorship is approved, so I think it would be appropriate to get advice from an immigration lawyer or consultant. They might tell you to wait and see what happens, or they might say that it's safer to withdraw your application and apply again after your bankruptcy has been discharged.

 

[Saqib_khans24]

If you live in Quebec, bankruptcy won't prevent you from sponsoring, it seems.

Otherwise, in theory, it can prevent you from being a sponsor if it happens before your wife becomes a PR. About nine months after your bankruptcy, it will be "discharged", and then you can sponsor again.

However, looking at Form 1344, I can't see anywhere it says that you are required to inform them if your circumstances change. It is possible that if CIC doesn't find out about it, you'll be okay. I'm not sure whether they check these things after your sponsorship is approved, so I think it would be appropriate to get advice from an immigration lawyer or consultant. They might tell you to wait and see what happens, or they might say that it's safer to withdraw your application and apply again after your bankruptcy has been discharged.

I won't be bankrupt but I cant pay my taxes and GST. Will be affect on my file???

 

[frege]

I won't be bankrupt but I can pay my taxes and GST. Will be affect on my file???

Okay, so you meant "bankrupt" to mean out of money, but not legally bankrupt.

I assume it won't reach the point of criminal charges. In that case, you can still sponsor your wife, but CIC needs to be convinced that "adequate arrangements" will be made so you and your wife will be able to survive without using welfare after she moves to Canada.

So I think it's a question of whether CIC finds out about your income being less, or about your tax problems. If they ask questions, be honest. But if they don't ask, you don't need to say anything. Also, stay off welfare in all circumstances, because they're very likely to find out about that.

I think the most likely problem would be if they asked for future notices of assessment at a time when these would show problems with the CRA. Perhaps you should ask on the thread for your visa office whether people have frequently received requests to verify income late in the process.

 

[wowsers]

Bankruptcy is not the only solution to the problem of inability to pay your debts. Other forms of debt management not involving formal bankruptcy and its unpleasant repercussions are sometimes available. For example an agreement with your creditors is sometimes possible. Consult an insolvency practitioner if you have not already done so.